How NFPA 921 can serve as your guide when scaling the subrogation mountain 1
A subrogation case is never an easy mountain to climb. The climb is difficult under the best of circumstances. The terrain is rocky and slippery. However, remembering some basic points will greatly enhance the likelihood of you planting the flag of success at the end of the climb. 2
Before the Climb Begins: Preparation 3
Preparation Any successful climb begins with preparation. You can t wait until you have started to climb to be prepared and have the right equipment. Before your phone rings, you have to have already put together a team. Pre-vetting your team will prepare you for the difficult climb ahead. 4
The Fire Expert A vital part of your subrogation team is the Fire Investigator. Do you have the right Fire Investigator? Qualifications? (NFPA 1033) Knowledge of Industry Practices (NFPA 921) Application of Proper Methodology Scientific Method 5
The Fire Expert Standard for Professional Qualifications for Fire Investigator Does the expert meet the qualifications of this standard? Does the expert have the minimum up-to-date knowledge? Does the expert conduct a proper investigation based on the required tasks? 6
The Fire Expert NFPA 921Guide for Fire & Explosion Investigation Does the expert recognize the practices laid out in NFPA 921? Does the expert know, apply and articulate the Scientific Method? 7
The Climb Begins: Setting up Base Camp 8
The Base Camp for Any Investigation is the Scene 9
The Scene The scene is the base from which the climb up the mountain really starts. How the scene is processed, documented, and preserved will set the stage for the climb ahead. 10
The Processing The processing of the scene is the key initial step in the data collection process. The steps and methods used in the processing of the scene will set the stage for the climb ahead. If the right methods are not employed, the climb ahead will likely end in disaster. 11
THE APPLICATION OF NFPA 921: 1.3.2 - this document is not designed to encompass all the necessary components of a complete investigation or analysis of any one case. The scientific method, however, should be applied in every instance. 12
THE FUNDAMENTAL PREMISE OF Fire Investigation: THE SCIENTIFIC METHOD 13
Overall Methodology Figure 4.3 Figure 18.2 Figure 19.2 14
COLLECT DATA 15
ANALYZE EVERYTHING 16
DEVELOP HYPOTHESIS WORKING HYPOTHESIS INITIAL HYPOTHESIS 17
What is testing? Testing involves challenging your hypothesis against all the known facts in an attempt to disprove the hypothesis. Failure to test can be fatal to your case! 18
19.6.4 Means of Hypotheses Testing Scientific literature Fundamental principles of science Physical experiments or testing Cognitive experiments (Analytically applying the principles of science) Time lines Fault trees Failure Analysis & Analytical Tools 19
FINAL HYPOTHESIS 20
Documentation The goal in documenting any investigation is to accurately record the investigation through media that will allow investigators to recall and communicate their observations at a later date. 21
Preservation Failure to properly preserve the evidence can result in your climb up the mountain ending sooner than you would have hoped. Physical evidence, defined generally, is any physical or tangible item that tends to prove or disprove a particular fact or issue. 22
12.3.5.1 Responsibility (Under The Spoliation Section) It is the responsibility of the investigator (or anyone who handles or examines evidence) to avoid spoliation of evidence, and the scope of that responsibility varies according to such factors as the investigator s jurisdiction, whether he or she is a public official or private sector investigator, whether criminal conduct is indicated, and applicable laws and regulations. However, regardless of the scope and responsibility of the investigation, care should be taken to avoid destruction or material destruction of evidence that later may be considered spoliation. If artifacts will be altered, the investigator should use the techniques contained in this guide to preserve the evidentiary value of those items for others who may later examine the artifacts. 23
12.3.5.6 Alteration And Movement Of Evidence (Under The Spoliation Section) Fire investigation usually requires the movement of evidence or alteration of the scene. In and of itself, such movement of evidence or alteration of the scene should not be considered spoliation of evidence. Physical evidence may need to be moved prior to the discovery of the cause of the fire. Additionally, it is recognized that it is sometimes necessary to remove the potential causative agent from the scene and even to carry out some disassembly in order to determine whether the object did, in fact, cause the fire, and which parties may have contributed to that cause. For example, the manufacturer of an appliance may not be known until after the unit has been examined for identification. Such activities should not be considered spoliation. Because all interested parties may not be identifiable prior to the alteration or movement of evidence, the investigator should use the techniques contained in this guide to preserve the evidentiary value of those items by documenting the fire scene and the artifacts prior to alteration or movement to preserve the evidentiary value of those items for others who may later become involved in the investigation. 24
The First Anchor Point: Origin 25
Chapter 18 Origin Determination This chapter recommends a methodology to follow in determining the origin of a fire. The area of origin is defined as a structure, part of a structure, or general geographic location within a fire scene, in which the point of origin of a fire or explosion is reasonably believed to be located. The point of origin is defined as the exact physical location within the area of origin where a heat source and the fuel interact, resulting in a fire or explosion. The origin of a fire is one of the most important hypotheses that an investigator develops and tests during the investigation. Generally, if the origin cannot be determined, the cause cannot be determined, and generally, if the correct origin is not identified, the subsequent cause determination will also be incorrect. The purpose of determining the origin of the fire is to identify in three dimensions the locations at which the fire began. 26
Information Sources for Origin Determination Witness Information Fire Patterns Arc Mapping Fire Dynamics 27
18.6.1.3 Means of Hypothesis Testing Ultimately, the investigator should be able to explain how the growth and development of a fire, starting at the hypothesized origin, is consistent with the data. 28
The Second Anchor Point: Fire Cause 29
Chapter 19: Fire Cause 19.1 Introduction. This chapter recommends a Fire cause determination is the process of identifying the first fuel ignited, the ignition source, the oxidizing agent, and the circumstances that resulted in the fire. Fire cause determination generally follows origin determination (see Origin Determination Chapter). 30
Fire Cause The circumstances, conditions or agencies (Ignition Sequence) that bring together a first fuel, ignition source, and oxidizer resulting in a fire or combustion explosion. 31
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Hypothesis Testing Do you believe evidence is Important? 34
19.6.5 Appropriate Use of the Process of Elimination: The process of elimination is an integral part of the scientific method. Alternate hypotheses should be formulated and challenged against the facts. Elimination of a testable hypothesis by disproving the hypothesis with reliable evidence is a fundamental part of the scientific method. However, the elimination of a hypothesis can be used inappropriately. The process of determining the ignition source for a fire, by eliminating all ignition sources found, known, or believed to have been present in the area of origin, and then claiming such methodology is proof of an ignition source for which there is no supporting evidence of its existence, is referred to by some investigators as negative corpus. 35
What Does This Paragraph Really Say? 36
What Does This Paragraph Really Say? 37
In establishing a fire cause, the investigator should describe it in terms of competent ignition source providing enough heat to ignite the first fuel, and the circumstances of how they came together. 38
Ascending the Summit: Defending the Challenge 39
Common Denominators in Bad Fire Investigations Bad Methodology Bad Documentation Bad Data Bad Science Bad Conclusions 40
EXPERTS BEING EXCLUDED! 41
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Animal Hospital Fire 50 39 94 65.5 41 30 10 7 5 5 12 24 44 83 94 44
Plaintiff Theory 50 39 94 65.5 41 30 10 7 5 5 12 24 44 83 94 45
Plaintiff Theory 50 39 NOT!! 94 65.5 41 30 10 7 5 5 12 24 44 83 94 46
Origin Analysis 50 39 NOT!! 94 65.5 41 30 10 7 5 5 12 24 44 83 94 47
Heat and Flame Vector Analysis 50 39 NOT!! 94 65.5 41 30 10 7 5 5 12 24 44 83 94 48
Origin Analysis 50 39 NOT!! 94 65.5 41 30 10 7 5 5 12 24 44 83 94 49
Origin Analysis 50 39 NOT!! 94 65.5 41 30 10 7 5 5 12 24 44 83 94 50
Testing The Hypothesis 51
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Planting the Flag: SUCCESS 54
2017 Edition 2021 Edition Public Input Closing - 01/05/2015 Posting of Public Input - 09/07/2015 Public Comment Closing - 11/16/2015 Public Comment Posting - 07/18/2016 Document issued - 11/16/2016 55
RANDY WATSON Atlanta, Georgia 1-800-743-7672 RWATSON@SEALIMITED.COM 56